Cox v. Montague
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court oí tlie United States for the Southern Division of the Eastern District of Tennessee. The appellant sued in the court below to set aside the transfer by the appellee, defendant below, to his sister, Clara W. Montague, of 00 shares, of the par value of 8100 each, of the capital stock of the First National Bank of Johnson City, and lo recover against the appellee the sum of $6,000, with interest, being the assessment levied on said stock by the…
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Appeal from the Circuit Court oí tlie United States for the Southern Division of the Eastern District of Tennessee. The appellant sued in the court below to set aside the transfer by the appellee, defendant below, to his sister, Clara W. Montague, of 00 shares, of the par value of 8100 each, of the capital stock of the First National Bank of Johnson City, and lo recover against the appellee the sum of $6,000, with interest, being the assessment levied on said stock by the comptroller of currency in order to pay the debts of said bank. The transfer was made on the 28th of April, 1894. It is…
1Opinion of the CourtSage, District Judge
Montague’s letters and telegrams to the Johnson City Bank make it evident that he knew months before he made the transfer of his stock to his sister that the bank was in imminent danger of insolvency. That transfer was not only without consideration, but, at the time, without even the knowledge of his sister. It was made on the 28th. of April, 1894. She testified that, according to her recollection, she was informed of it in May or June, 1894, but added that it might have been in April. Her testimony as to her financial condition is altogether unsatisfactory. Her unwillingness at first to…
2Cases cited3 opinions
- Bowden v. JohnsonSupreme Court of the United States · 1883
- Stuart v. HaydenCourt of Appeals for the Eighth Circuit · 1895
- Foster v. LincolnU.S. Circuit Court for the District of Vermont · 1896
3Cited by2 opinions
- Federal Deposit Ins. Corp. v. PetersonMontana Supreme Court · 1937
- Director of Liquidations v. Central Trust Co.Massachusetts Supreme Judicial Court · 1943